The Preamble

Bearing in mind the political and cultural heritage of our predecessors, the experience gained through centuries of struggle for our national existence, and statehood,

Mindful of the spiritual bequest of Cyril and Methodius, and the historical legacy of Great Moravia,

Recognizing the natural right of nations to self-determination,

Together with members of national minorities and ethnic groups living in the Slovak Republic,

In the interest of continuous peaceful cooperation with other democratic countries,

Endeavoring to implement democratic forms of government, guarantee a life of freedom, and promote spiritual, cultural and economic prosperity,

we, the citizens of the Slovak Republic, have, herewith and by our representatives, adopted this Constitution:

Chapter One – General Provisions

Part One: General Provisions

Article 1

(1) The Slovak Republic is a sovereign, democratic state governed by the rule of law. It is not bound to any ideology or religion.

(2) The Slovak Republic acknowledges and adheres to general rules of
international law, international treaties by which it is bound, and its other international
obligations.

Article 2

(1) State power is derived from citizens, who execute it through their elected representatives or directly.

(2) State bodies can act only on the basis of the Constitution, within its limits, and to the extent and in a manner defined by law.

(3) Everyone can do what is not forbidden by law and no one must be forced to do anything that is not laid down by law.

Article 3

(1) The territory of the Slovak Republic is united and indivisible.

(2) The borders of the Slovak Republic can be changed only by a constitutional law.

Article 4

Natural wealth, underground water, natural medicinal springs, and waterways are in the ownership of the Slovak Republic.

Article 5

(1) Conditions for the acquisition and loss of the citizenship of the Slovak Republic are determined by law.

(2) No one must be deprived of the citizenship of the Slovak Republic against his will.

Article 6

(1) Slovak is the state language on the territory of the Slovak Republic.

(2) The use of other languages in dealings with the authorities will be regulated by law.

Article 7

(1) The Slovak Republic may, by its own discretion, enter into a state union with other states. A constitutional law, which shall be confirmed by a referendum, shall decide on the entry into a state union, or on the secession from such union.

(2) The Slovak Republic may, by an international treaty, which was ratified and promulgated in the way laid down by a law, or on the basis of such treaty, transfer the exercise of a part of its powers to the European Communities and the European Union. Legally binding acts of the European Communities and of the European Union shall have precedence over laws of the Slovak Republic. The transposition of legally binding acts which require implementation shall be realized through a law or a regulation of the Government according to Art. 120, para. 2.

(3) The Slovak Republic may for purpose of maintaining peace, security and democratic order, under conditions established by an international treaty, join an organization of mutual collective security.

(4) The validity of international treaties on human rights and fundamental freedoms, international political treaties, international treaties of a military character, international treaties from which a membership of the Slovak Republic in international organizations arises, international economic treaties of a general character, international treaties for whose exercise a law is necessary and international treaties which directly confer rights or impose duties on natural persons or legal persons, require the approval of the National Council of the Slovak Republic before ratification.

(5) International treaties on human rights and fundamental freedoms and international treaties for whose exercise a law is not necessary, and international treaties which directly confer rights or impose duties on natural persons or legal persons and which were ratified and promulgated in the way laid down by a law shall have precedence over laws.

Article 7a

The Slovak Republic shall support the national consciousness and cultural identity of Slovaks living abroad, shall support their institutions established to achieve this goal and their relations with the homeland.

Part Two: State Symbols

Article 8

The state symbols of the Slovak Republic are the state emblem, the national flag, the state seal, and the national anthem.

Article 9

(1) The state emblem of the Slovak Republic is represented by a red early Gothic shield featuring a silver double cross on the middle of three blue symbolic mountain peaks.

(2) The national flag of the Slovak Republic consists of three long bands – white, blue, and red. The front side of the national flag of the Slovak Republic features the state emblem of the Slovak Republic.

(3) The state seal of the Slovak Republic is represented by the state emblem of the Slovak Republic, with the inscription “Slovak Republic” positioned in a circle around it.

(4) The national anthem of the Slovak Republic is the first two stanzas of the song “Nad Tatrou sa blýska” [Lightning over the Tatras].

(5) Details concerning the state emblem, the national flag, the state seal, and the national anthem and their use will be set out in a law.

Part Three: The Capital of the Slovak Republic

Article 10

(1) Bratislava is the capital of the Slovak Republic.

(2) The status of Bratislava as the capital of the Slovak Republic will be set out in a law.

Chapter Two – Fundamental Rights and Freedoms

Part One: General Provisions

Article 11

Repealed since 1st of July 2001.

Article 12

(1) People are free and equal in dignity and their rights. Basic rights and liberties are inviolable, inalienable, secured by law, and unchallengeable.

(2) Basic rights and liberties on the territory of the Slovak Republic are guaranteed to everyone regardless of sex, race, color of skin, language, creed and religion, political or other beliefs, national or social origin, affiliation to a nation or ethnic group, property, descent, or another status. No one must be harmed, preferred, or discriminated against on these grounds.

(3) Everyone has the right to freely decide on his nationality. Any influence on this decision and any form of pressure aimed at assimilation are forbidden.

(4) No one must be restricted in his rights because he upholds his basic rights and liberties.

Article 13

(1) Duties can be imposed:

by a law or on the basis of a law, within its limitations and in maintaining of the
fundamental rights and freedoms,

by an international treaty according to Art. 7, para. 4 which directly confers rights
and imposes duties on natural persons or legal persons, or

by a regulation of the Government according to Art. 120, para. 2.

(2) Limits to fundamental rights and liberties can be set only by law, under conditions laid down in this Constitution.

(3) Legal restrictions of constitutional rights and liberties must apply equally to all cases that meet the set conditions.

(4) When restricting constitutional rights and liberties, attention must be paid to their essence and meaning. These restrictions must not be used for any other than the specified purpose.

Part Two: Fundamental Human Rights and Freedoms

Article 14

Everyone shall be entitled to his or her rights.

Article 15

(1) Everyone has the right to life. Human life is worthy of protection even prior to birth.

(2) No one must be deprived of life.

(3) Capital punishment is not permitted.

(4) If someone was deprived of life as a result of an action that does not represent a criminal act, this does not constitute a violation of rights according to this article.

Article 16

(1) The inviolability of the person and its privacy is guaranteed. It can be limited only in cases defined by law.

(2) No one must be tortured or subjected to cruel, inhuman, or humiliating treatment or punishment.

Article 17

(1) Personal freedom is guaranteed.

(2) No one must be prosecuted or deprived of freedom other than for reasons and in a manner defined by law. No one must be deprived of freedom solely because of his inability to comply with a contractual obligation.

(3) A person accused or suspected of a criminal act can be detained only in cases defined by law. The detained person must be immediately informed of the reasons for the detainment, interrogated, and either released or brought before the court within 24 hours at the latest. The judge must question the detained within 24 hours of taking over the case and decide on his or her custody or release.

(4) An accused person may be arrested only on the basis of a written, substantiated court warrant. The arrested person must be brought before the court within 24 hours. The judge must question the arrested person within 24 hours of taking over the case and decide on his or her custody or release.

(5) A person can be taken into custody only for reasons and for a period defined by law and on the basis of a court ruling.

(6) The law will specify in which cases a person can be admitted to, or kept in, institutional health care without his or her consent. Such a measure must be reported within 24 hours to the court, which will then decide on this placement within five days.

(7) The mental state of a person accused of criminal activity can be examined only on the basis of the court’s written order.

Article 18

(1) No one must be subjected to forced labor or services.

(2) The provision of section 1 does not apply to

work assigned according to the law to persons serving a prison term or some other punishment substituting for a prison term,

military service or some other service assigned by law in lieu of compulsory military service,

services required on the basis of the law in the event of natural catastrophes, accidents, or other dangers posing a threat to life, health, or property of great value,

activities laid down by law to protect life, health, or the rights of others.

Article 19

(1) Everyone has the right to the preservation of his human dignity and personal honor, and the protection of his good name.

(2) Everyone has the right to protection against unwarranted interference in his private and family life.

(3) Everyone has the right to protection against the unwarranted collection, publication, or other illicit use of his personal data.

Article 20

(1) Everyone has the right to own property. The ownership right of all owners has the same legal content and deserves the same protection. Inheritance of property is guaranteed.

(2) The law will specify which property other than property listed in Article 4 that is essential to meet the needs of society, the development of the national economy, and public interest can be owned only by the state, community, or designated juridical persons. The law can also specify that certain property can be owned only by citizens or juridical persons resident in the Slovak Republic.

(3) Ownership is binding. It must not be misused to the detriment of others or at variance with general interests protected by law. By exercising ownership, no harm must be done to human health, nature, cultural monuments, and the environment beyond limits set by law.

(4) Expropriation or enforced restriction of the ownership right is admissible only to the extent that it is unavoidable and in the public interest, on the basis of law, and in return for adequate compensation.

Article 21

(1) A person’s home is inviolable. It must not be entered without the resident’s consent.

(2) A house search is admissible only in connection with criminal proceedings and only on the basis of the judge’s written and substantiated order. The method of carrying out a house search will be set out in a law.

(3) Other infringements upon the inviolability of one’s home can be permitted by law only if this is inevitable in a democratic society in order to protect people’s lives, health, or property, to protect the rights and liberties of others, or to ward off a serious threat to public order. If the home is used also for business or to perform some other economic activity, such infringements can be permitted by law also when this is unavoidable in meeting the tasks of public administration.

Article 22

(1) The privacy of correspondence and secrecy of mailed messages and other written documents and the protection of personal data are guaranteed.

(2) No one must violate the privacy of correspondence and the secrecy of other written documents and records, whether they are kept in privacy or sent by mail or in another way, with the exception of cases to be set out in a law. Equally guaranteed is the secrecy of messages conveyed by telephone, telegraph, or other similar means.

Article 23

(1) Freedom of movement and of abode are guaranteed.

(2) Everyone who is rightfully staying on the territory of the Slovak Republic has the right to freely leave this territory.

(3) Freedoms according to sections 1 and 2 can be restricted by law if it is unavoidable for the security of the state, to maintain public order, protect the health and the rights and liberties of others, and, in designated areas, also for reasons of environmental protection.

(4) Every citizen has the right to freely enter the territory of the Slovak Republic. A citizen must not be forced to leave his homeland and he must not be deported or extradited.

(5) A foreign national can be deported only in cases specified by law.

Article 24

(1) The freedoms of thought, conscience, religion, and faith are guaranteed. This right also comprises the possibility to change one’s religious belief or faith. Everyone has the right to be without religious belief. Everyone has the right to publicly express his opinion.

(2) Everyone has the right to freely express his religion or faith on his own or together with others, privately or publicly, by means of divine and religious services, by observing religious rites, or by participating in the teaching of religion.

(3) Churches and religious communities administer their own affairs. In particular, they constitute their own bodies, inaugurate their clergymen, organize the teaching of religion, and establish religious orders and other church institutions independently of state bodies.

(4) Conditions for exercising rights according to sections 1 to 3 can be limited only by law, if such a measure is unavoidable in a democratic society to protect public order, health, morality, or the rights and liberties of others.

Article 25

(1) The defense of the Slovak Republic is a matter of honor for each citizen.

(2) No one must be forced to perform military service if this runs counter to his conscience or religious belief. The details will be specified in a law.

Part Three: Political Rights

Article 26

(1) The freedom of speech and the right to information are guaranteed.

(2) Everyone has the right to express his views in word, writing, print, picture, or other means as well as the right to freely seek out, receive, and spread ideas and information without regard for state borders. The issuing of press is not subject to licensing procedures. Enterprise in the fields of radio and television may be pegged to the awarding of an authorization from the state. The conditions will be specified by law.

(3) Censorship is banned.

(4) The freedom of speech and the right to seek out and spread information can be restricted by law if such a measure is unavoidable in a democratic society to protect the rights and liberties of others, state security, public order, or public health and morality.

(5) State bodies and territorial self-administration bodies are under an obligation to provide information on their activities in an appropriate manner and in the state language. The conditions and manner of execution will be specified by law.

Article 27

(1) The right of petition is guaranteed. Everyone has the right, alone or with others, to address requests, proposals, and complaints to state bodies and territorial self-administration bodies in matters of public or other common interest.

(2) A petition must not be used to call for the violation of basic rights and liberties.

(3) A petition must not interfere with the independence of a court.

Article 28

(1) The right to assemble peacefully is guaranteed.

(2) Conditions for exercising this right will be set out in a law in the event of assemblies in public places, if such a measure is unavoidable in a democratic society to protect the rights-and liberties of others, public order, health and morality, property, or the security of the state. An assembly must not be made conditional on the issuance of an authorization by a state administration body.

Article 29

(1) The right to freely associate is guaranteed. Everyone has the right to associate with others in clubs, societies, or other associations.

(2) Citizens have the right to establish political parties and political movements and to associate in them.

(3) The enactment of rights according to sections 1 and 2 can be restricted only in cases specified by law, if this is unavoidable in a democratic society for reasons of state security, to protect public order, to forestall criminal acts, or to protect the rights and liberties of others.

(4) Political parties and political movements, as well as clubs, societies, and other associations are separated from the state.

Article 30

(1) Citizens have the right to participate in the administration of public affairs either directly or through the free election of their representatives.

(2) Elections must be held within deadlines that do not exceed the regular electoral period as defined by law.

(3) The right to vote is universal, equal, and direct and is exercised by means of secret ballot. Conditions for exercising the right to vote will be set out in a law.

(4) Citizens have access to elected and other public posts under equal conditions.

Article 31

The legal definition of all political rights and liberties and their interpretation and use must enable and protect the free competition of political forces in a democratic society.

Article 32

Citizens have the right to put up resistance to anyone who would eliminate the democratic order of human rights and basic liberties listed in this Constitution, if the activity of constitutional bodies and the effective use of legal means are rendered impossible.

Part Four: The Rights of National Minorities and Ethnic Groups

Article 33

Membership of any national minority or ethnic group must not be to anyone’s detriment.

Article 34

(1) The comprehensive development of citizens representing national minorities or ethnic groups in the Slovak Republic is guaranteed, particularly the right to develop their own culture, together with other members of the minority or ethnic group, the right to disseminate and receive information in their mother tongue, the right to associate in national minority associations, and the right to set up and maintain educational and cultural institutions. Details will be set out in a law.

(2) In addition to the right to master the state language, citizens belonging to national minorities or ethnic groups also have, under conditions defined by law, a guaranteed

right to education in their own language,

right to use their language in dealings with the authorities,

right to participate in the solution of affairs concerning national minorities and ethnic groups.

(3) The enactment of the rights of citizens belonging to national minorities and ethnic groups that are guaranteed in this Constitution must not be conducive to jeopardizing the sovereignty and territorial integrity of the Slovak Republic or to discrimination against its other inhabitants.

Part Five: Economic, Social and Cultural Rights

Article 35

(1) Everyone has the right to a free choice of profession and to training for it, as well as the right to engage in entrepreneurial or other gainful activity.

(2) Conditions and restrictions with regard to the execution of certain professions or activities can be specified by law.

(3) Citizens have the right to work. Citizens who are unable to exercise this right through no fault of their own are provided for materially by the state to an appropriate extent. The conditions will be defined by law.

(4) A different regulation of rights listed under sections 1 through 3 can be specified by law for foreign nationals.

Article 36

Employees have the right to equitable and adequate working conditions. The law guarantees, above all

the right to remuneration for work done, sufficient to ensure the employee’s dignified standard of living,

protection against arbitrary dismissal and discrimination at the place of work,

labor safety and the protection of health at work,

the longest admissible working time,

adequate rest after work,

the shortest admissible period of paid leave,

the right to collective bargaining.

Article 37

(1) Everyone has the right to freely associate with others in order to protect his economic and social interests.

(2) Trade union organizations are established independently of the state. It is inadmissible to limit the number of trade union organizations, in the same way as it is inadmissible to give some of them a preferential status, be it in an enterprise or a branch of the economy.

(3) The activity of trade union organizations and the founding and operation of other associations protecting economic and social interests can be restricted by law if such a measure is unavoidable in a democratic society to protect the security of the state, public order, or the rights and liberties of others.

(4) The right to strike is guaranteed. The conditions will be defined by law. This right does not extend to judges, prosecutors, members of the armed forces and armed corps, and members of the fire brigades.

Article 38

(1) Women, minors, and persons with impaired health are entitled to an enhanced protection of their health at work as well as to special working conditions.

(2) Minors and persons with impaired health are entitled to special protection in labor relations as well as to assistance in professional training.

(3) Details concerning rights listed in sections 1 and 2 will be set out in a law.

Article 39

(1) Citizens have the right to adequate material provision in old age, in the event of work disability, as well as after losing their provider.

(2) Everyone who is in material need is entitled to assistance necessary to ensure basic living conditions.

(3) Details concerning rights listed in sections 1 and 2 will be set out in a law.

Article 40

Everyone has a right to the protection of his health. Based on public insurance, citizens have the right to free health care and to medical supplies under conditions defined by law.

Article 41

(1) Marriage, parenthood, and the family are under the protection of the law. The special protection of children and minors is guaranteed.

(2) Special care, protection in labor relations, and adequate working conditions are guaranteed to women during the period of pregnancy.

(3) Children born in and out of wedlock enjoy equal rights.

(4) Child care and the upbringing of children are among the rights of parents; children have the right to parental care and upbringing. Parents’ rights can be restricted and minors can be separated from their parents against their will only by means of a court ruling based on the law.

(5) Parents caring for children are entitled to assistance from the state.

(6) Details concerning rights listed in sections 1 through 5 will be set out in a law.

Article 42

(1) Everyone has the right to education. School attendance is compulsory. Its period and age limit will be defined by law.

(2) Citizens have the right to free education at primary and secondary schools and, based on their abilities and society’s resources, also at higher educational establishments.

(3) Schools other than state schools may be established, and instruction in them provided, only under conditions defined by law. Such schools may charge a tuition fee.

(4) A law will specify under which conditions citizens who are engaged in studies are entitled to assistance from the state.

Article 43

(1) Freedom of scientific research and in art are guaranteed. The rights to the results of creative intellectual activity are protected by law.

(2) The right of access to the cultural heritage is guaranteed under conditions defined by law.

Part Six: The Right to the Protection of the Environment and the Cultural Heritage

Article 44

(1) Everyone has the right to an auspicious environment.

(2) Everyone is obliged to protect and enhance the environment and the cultural heritage.

(3) No one must endanger or damage the environment, natural resources, and the cultural heritage beyond the extent established by law.

(4) The state looks after an economical use of natural resources, ecological balance, and effective environmental care.

Article 45

Everyone has the right to timely and complete information about the state of the environment and the causes and consequences of its condition.

Part Seven: The Right to Judicial and Other Legal Protection

Article 46

(1) Everyone may claim by the established legal procedure his right to an independent and impartial court hearing and, in cases designated by law, to another body of the Slovak Republic.

(2) Anyone who claims to have been deprived of his rights by a decision of a public administration body may appeal to the court for it to reexamine the lawfulness of that decision, unless specified otherwise by law. The reexamination of decisions concerning basic rights and liberties must not, however, be excluded from the court’s authority.

(3) Everyone is entitled to compensation for damage incurred as a result of an unlawful decision by a court or another state or public administration body, or as a result of an incorrect official procedure.

(4) Conditions and details concerning court and other legal protection will be set out in a law.

Article 47

(1) Everyone has the right to refuse to testify if, by doing so, he might expose himself or a person close to him to the risk of criminal prosecution.

(2) Everyone has the right to legal assistance in court proceedings or proceedings before other state or public administration bodies. He has this right from the very start of the proceedings, under conditions defined by law.

(3) All participants in proceedings according to section 2 are equal.

(4) Anyone who declares that he does not have a command of the language in which the proceedings according to section 2 are conducted has the right to an interpreter.

Article 48

(1) No one must be removed from the jurisdiction of his law-assigned judge. The jurisdiction of the court is established by law.

(2) Everyone has the right to have his case tried in public, without needless procrastination, and in his presence and to deliver his opinion on all pieces of evidence. The public can be excluded only in cases specified by law.

Article 49

Only the law established which conduct constitutes a criminal act and what punishment or other form of deprivation of rights or property may be inflicted upon those who committed it.

Article 50

(1) Only the court shall decide on guilt and punishment for criminal acts.

(2) Every defendant is considered innocent until the court establishes his guilt by means of a legally valid verdict.

(3) The accused has the right to be granted the time and opportunity to prepare his defense, either himself or through a defense counsel.

(4) The defendant has the right to refuse to testify and must not be denied this right under any circumstances.

(5) No one must be made criminally liable for a deed for which he has already been sentenced or of which he has already been acquitted in a legally valid manner. This principle does not rule out the application of extraordinary corrective means in harmony with the law.

(6) The criminal liability of a deed is assessed, and punishment is meted out, according to the law valid at the time when the offense was committed. A more recent law will be applied if it is more favorable for the perpetrator.

Part Eight: Joint Provisions for Chapters One and Two

Article 51

(1) The rights defined in Arts. 35, 36, 37 para.4, Arts.38 to 42 and 44 to 46 of this Constitution may be claimed only within the restrictions of the laws implementing these provisions.

(2) The conditions and extent of restriction of the fundamental rights and freedoms and the extent of duties in a time of war, a war state, an exceptional state or an emergency state shall be laid down by a constitutional law.

Article 52

(1) Wherever the term “citizen” is used in Chapters One and Two of this Constitution, this is understood to mean citizen of the Slovak Republic.

(2) Foreign nationals enjoy in the Slovak Republic basic human rights and liberties guaranteed by this Constitution, unless these are expressly granted only to citizens.

(3) Wherever the term “citizen” is used in previous legal regulations, this is understood to mean every person, wherever this concerns the rights and liberties that this Constitution extends regardless of citizenship.

Article 53

The Slovak Republic grants asylum to foreign nationals persecuted for upholding political rights and liberties. Asylum may be denied to those who acted at variance with basic human rights and liberties. Details will be defined by law.

Article 54

The law may restrict the right of judges and prosecutors to engage in entrepreneurial and other activity and the right listed under Article 29 section 2; the right of employees of state administration bodies and territorial self-administration bodies in designated functions listed under Article 37 section 4; and the rights of members of armed forces and armed corps listed under Articles 27 and 28, if these are related to the execution of their duties. The law may restrict the right to strike for persons in professions that are vital for the protection of life and health.

Chapter Three – The Economy of the Slovak Republic

Part One: The Economy of the Slovak Republic

Article 55

(1) The economy of the Slovak Republic is based on the principles of a socially and ecologically oriented market economy.

(2) The Slovak Republic protects and promotes economic competition. Details will be set out in a law.

Article 56

(1) The National Bank of Slovakia is an independent central bank of the Slovak Republic. The National Bank of Slovakia may, within its scope of power, issue generally binding legal regulations if it is so empowered by a law.

(2) The highest administration body of The National Bank of Slovakia is the Bank Council of the National Bank of Slovakia.

(3) Details according to paragraphs 1 and 2 shall be laid down by a law.

Article 57

The Slovak Republic is a customs territory.

Article 58

(1) The financial management of the Slovak Republic is administered by its state budget. The state budget is adopted by means of a law.

(2) State budget revenues, the rules of budget economy, and the relationship between the state budget and the budgets of territorial units will be set out in a law.

(3) Special-purpose funds linked to the state budget of the Slovak Republic are established by law.

Article 59

(1) There exist state and local taxes and fees.

(2) Taxes and fees may be levied by law or on the basis of a law.

Part Two – The Supreme Audit Office of the Slovak Republic

Article 60

(1) the Supreme Audit Office of the Slovak Republic is an independent authority auditing the management of

budget resources which according to law are approved by the National Council of the Slovak Republic or by the Government,

property, obligations, financial means, property rights and public debts, statutory institutions and The National Property Fund of the Slovak Republic,

property, financial means and property rights of municipalities and higher territorial units which they have gained for settlement of expenses for transferred exercise of state administration,

property, obligations, financial means, property rights and debts for which the Slovak Republic has accepted guarantee,

property, financial means, property rights and debts, and financial means which were provided to the Slovak Republic, to legal persons or natural persons who are enterprising with resources of the state budget or disposing of the state property within development programmes or for other similar reasons from abroad.

(2) The auditing activity of the Supreme Audit Office is related, in the extent stated in paragraph 1, to:

the Government of the Slovak Republic, ministries and other central bodies of the state administration of the Slovak Republic and bodies subordinate to them,

state bodies and legal persons if the function of a founder or an incorporator is pursued by a central body of the state administration or by other state body,

municipalities and higher territorial units, legal persons established by municipalities and legal persons established by higher territorial units,

state purpose funds, statutory institutions established by a law, , legal persons in which statutory institutions have a capital participation , legal persons with state capital participation,

The National Property Fund of the Slovak Republic, legal persons with determined capital participation of the National Property Fund of the Slovak Republic,

natural persons and legal persons.

Article 61

(1) The Supreme Control Office is headed by a chairman. The chairman and deputy chairmen of the Supreme Control Office are elected and recalled by the National Council of the Slovak Republic.

(2) Any citizen of the Slovak Republic who may be elected to the National Council of the Slovak Republic may be elected chairman of the Supreme Control Office.

(3) The same person may be elected chairman of the Supreme Control Office for a maximum of two consecutive five-year terms.

(4) The posts of chairman and deputy chairmen of the Supreme Control Office are incompatible with any other post in state bodies, territorial self-administration bodies, or bodies of juridical persons engaged in entrepreneurial activity.

Article 62

The Supreme Control Office submits reports on the results of its inquiries to the National Council of the Slovak Republic at least once a year and whenever requested to do so by the National Council of the Slovak Republic.

Article 63

The sphere of competence, powers, and internal organizational structure of the Supreme Control Office will be set out in a law.

Chapter Four – Territorial Self-Administration

Article 64

The basic unit of territorial self-administration shall be the municipality. Territorial self-administration shall be composed of a municipality and a higher territorial unit.

Article 64a

A municipality and a higher territorial unit are independent territorial and administrative units of the Slovak Republic, associating individuals permanently residing therein. A law shall lay down the details.

Article 65

(1) The community is a juridical person that, under conditions set out in a law, independently manages its own property and financial resources.

(2) The community finances its needs, first and foremost, from its own revenues, as well as from state subsidies. The law specifies which taxes and fees represent communities’ revenue. State subsidies may be claimed only within the limits of the law.

Article 66

(1) A municipality shall have the right to associate with other municipalities for securing matters of common interest; higher territorial units shall likewise have the right to associate with other higher territorial units. A law shall lay down the conditions.

(2) The unification, division or cancellation of a municipality shall be regulated by a law.

Article 67

(1) Municipality inhabitants` assemblies shall realize a territorial selfadministration by local referendum, by referendum on the territory of the higher territorial unit, by municipality authorities or by higher territorial unit authorities. The manner of carrying out the local referendum or referendum on the territory of a higher territorial unit shall be laid down by a law.

(2) The duties and limitations in realization of territorial self-administration may be imposed on a municipality and a higher territorial unit by a law and on the basis of an international treaty according to Art. 7, para. 5.

(3) The State may intervene in the activities of a municipality and a higher territorial unit only by means laid down by a law.

Article 68

In matters of territorial self-administration and for securing the tasks of selfadministration provided by a law, the municipality and the higher territorial unit may issue generally binding regulations.

Article 69

(1) Municipal authorities are:

the municipal representation,

the mayor of municipality.

(2) Municipal representation is composed of deputies to the municipal representation. Elections of deputies to municipal representation are held by secret ballot, on the basis of a general, equal, and direct right to vote.

(3) The mayor of a municipality shall be elected by the municipality inhabitants permanently residing therein on the basis of a universal, equal and direct suffrage by secret ballot for a four-year term. The municipality mayor shall be the executive authority of the municipality; the mayor shall perform municipality administration, and shall represent the municipality externally. Reasons for and manner of recalling a mayor before expiration of his electoral term shall be laid down by a law.

(4) The authorities of a higher territorial unit are:

the representation of the higher territorial unit,

the head of the higher territorial unit.

(5) The representation of a higher territorial unit shall consist of the representatives of the representation of the higher territorial unit . The inhabitants of the territorial district of the higher territorial unit permanently residing therein shall elect the representatives for a four-year term. Elections of the representatives are performed on the basis of universal, equal and direct suffrage by secret ballot.

(6) The head of a higher territorial unit shall be elected by the inhabitants of the territorial district of the higher territorial unit permanently residing therein, on the basis of universal, equal and direct suffrage by secret ballot for a four-year term. Reasons for and method of recalling the head of the higher territorial unit before expiration of the electoral term shall be laid down by a law. The head of a higher territorial unit shall be the executive authority of the higher territorial unit, shall perform administration of the higher territorial unit and represent the higher territorial unit externally.

Article 70

The prerequisites for a community to be declared a town, and the method of doing so, will be defined by law, which will also designate the names of town bodies.

Article 71

(1) The execution of designated tasks of local state administration can be transferred by law to the municipality. The cost of the execution of state administration transferred in this manner will be covered by the state.

(2) In executing state administration, the municipality may, on the basis of the law, issue decrees that are generally binding within its area of jurisdiction, if empowered to do so by the law. The execution of state administration transferred to the municipality is steered by law and controlled by the Government. Details will be specified in a law.

Chapter Five – Legislative Power

Part One: The National Council of the Slovak Republic

Article 72

The National Council of the Slovak Republic is the sole constituent and legislative body of the Slovak Republic.

Article 73

(1) The National Council of the Slovak Republic has 150 deputies who are elected for a four-year period.

(2) Deputies are representatives of citizens. They execute their mandate personally according to their conscience and conviction and are not bound by orders.

Article 74

(1) Deputies are elected by secret ballot in general, equal, and direct elections.

(2) A citizen who has the right to vote, has reached the age of 21, and is permanently resident on the territory of the Slovak Republic can be elected deputy.

(3) Details concerning the election of deputies will be set out in a law.

Article 75

(1) The deputy is sworn in at the first meeting of the National Council of the Slovak Republic in which he participates, by taking the following oath: “I promise by my honor and conscience to be faithful to the Slovak Republic. I will fulfill my duties in the interest of its citizens. I will observe the Constitution and other laws and work toward their translation into life.”

(2) Refusing to take this oath, or taking it with reservations, results in the loss of mandate.

Article 76

The validity of the election of deputies is verified by the National Council of the Slovak Republic.

Article 77

(1) The post of deputy is incompatible with the post of president, judge, prosecutor, member of the Police Corps, member of the Prison Guard Corps, and professional soldier.

(2) If a deputy is appointed member of the Government of the Slovak Republic, his mandate as a deputy does not cease while he executes the government post, but is just not being exercised.

Article 78

(1) No Member of Parliament shall be prosecuted for his voting in the National Council of the Slovak Republic or in its committees, not even after expiration of his or her mandate.

(2) No Member of Parliament shall be prosecuted for statements presented in duration of the post in the National Council of the Slovak Republic or in its body, not even after expiration of his or her mandate. The Member of Parliament is subject to disciplinary powers of the National Council of the Slovak Republic. Civil responsibility of a Member of Parliament shall remain unaffected.

(3) No Member of Parliament shall be prosecuted, sanctioned by any disciplinary measure or held in pre-trial detention without approval of the National Council of the Slovak Republic. If the National Council of the Slovak Republic denies granting of such approval, the prosecution or pre-trial detention of a Member of Parliament shall be precluded during the term of his mandate. In such case, the period of limitation does not lapse in duration of the mandate.

(4) If a Member of Parliament has been detained while committing a criminal offence, the competent body shall be obliged to notify the President of the National Council of the Slovak Republic immediately. If the Mandate and Immunity Committee of the National Council of the Slovak Republic does not approve the arrest consequently, the Member of Parliament must be released immediately.

(5) In duration of the arrest, the mandate of a Member of Parliament is not terminated but shall not be exercised.

Article 79

A Member of Parliament may refuse to give testimony in matters of which he or she has been informed while holding the office or even after the termination of his or her mandate.

Article 80

(1) A Member of Parliament may address an interpellation to the Government of the Slovak Republic, a member of the Government of the Slovak Republic, or the head of another central body of state administration concerning matters within their jurisdiction. The Member of Parliament must receive a reply within 30 days.

(2) The reply to an interpellation shall become the subject of a debate in the National Council of the Slovak Republic that may be linked with a vote of confidence.

Article 81

A Member of Parliament may resign his or her mandate by personal statement at a meeting of the National Council of the Slovak Republic. If serious circumstances prevent a Member of Parliament from doing so, he or she may do so in written form to the hands of the President of the National Council of the Slovak Republic; in this case the mandate of Member of Parliament shall terminate on the date of delivery of the decision on resignation of the mandate of the Member of Parliament in writing to the President of the National Council of the Slovak Republic.

Article 81a

A Member’s of Parliament mandate terminate

on the termination of his or her electoral term,

by the resignation his or her mandate,

by the loss of eligibility,

by the dissolution of the National Council of the Slovak Republic,

by the occurrence of incompatibility according to Art. 77, para. 1,

on the date of effectiveness of a judgment under which a Member of Parliament was convicted of a wilful criminal offence or under which a Member of Parliament was convicted of a criminal offence and in his or her case the Court did not decide on a probationary suspension of the imprisonment sentence.

Article 82

(1) The National Council of the Slovak Republic holds permanent sessions.

(2) The constituent meeting of the National Council of the Slovak Republic is called by the president of the Slovak Republic within 30 days after the announcement of election results. If he fails to do so, the National Council of the Slovak Republic convenes on the 30th day after the announcement of the election results.

(3) The National Council of the Slovak Republic may interrupt its session by means of a resolution. The length of interruption must not exceed four months in a year. The chairman, deputy chairmen, and bodies of the National Council of the Slovak Republic perform their duties while the National Council of the Slovak Republic is in recess.

(4) While the session is interrupted, the chairman of the National Council of the Slovak Republic may call a meeting of the National Council of the Slovak Republic even prior to the set date. He will call a meeting whenever requested to do so by the Government of the Slovak Republic or at least one-fifth of the deputies.

(5) The session of the National Council of the Slovak Republic ends with the expiration of the electoral term or with its dissolution.

Article 83

(1) Meetings of the National Council of the Slovak Republic are called by its chairman.

(2) The chairman of the National Council of the Slovak Republic shall call a meeting of the National Council of the Slovak Republic also when requested to do so by at least one-fifth of its deputies. In that case he will call a meeting within seven days.

(3) Meetings of the National Council of the Slovak Republic are public.

(4) Non-public meetings can be held only in cases specified by law or on the basis of a decision by three-fifths of all deputies of the National Council of the Slovak Republic.

Article 84

(1) The National Council of the Slovak Republic has a quorum, if more than half of all Members of Parliament are present.

(2) For a valid resolution, the consent of more than half of Members of Parliament present shall be required, save this Constitution provides otherwise.

(3) In approving an international treaty according to Art. 7 paras. 3 and 4, and in adopting a law returned by the President of the Slovak Republic according to Art. 102 letter o), the consent of the absolute majority of all Members of Parliament shall be required.

(4) For the purpose of adopting or amending the Constitution, a constitutional law, in approving an international treaty according to Art. 7, para. 2,for the adoption of a resolution on plebiscite on the recall of the President of the Slovak Republic, for bringing a prosecution of the President and for the declaration of war on another state, the consent of a three-fifths majority of all Members of Parliament shall be required.

Article 85

At the request of the National Council of the Slovak Republic or its body, a member of the Government of the Slovak Republic or head of another body of state administration must participate in its meeting or in the meeting of its body.

Article 86

The jurisdiction of the National Council of the Slovak Republic comprises, above all:

deciding upon the Constitution and constitutional and other laws and controlling compliance with them,

electing and recalling the president of the Slovak Republic by secret ballot,

approving by means of a constitutional law a treaty on the Slovak Republic’s entering into an alliance with other states and on its abrogation of such a treaty,

deciding on proposals to call a referendum,

voicing consent, prior to ratification, with the conclusion of international political treaties, international economic treaties of a general nature, as well as with international treaties whose execution requires the passing of a law,

establishing ministries and other state administration bodies by means of law,

discussing the policy statement of the Government of the Slovak Republic, controlling the Government’s activity, and passing a vote of confidence in the Government or its members,

approving the state budget, checking on its fulfillment, and approving the state closing account,

discussing basic domestic, international, economic, social, and other political issues,

electing judges, the chairman and deputy chairman of the Supreme Court of the Slovak Republic, the chairman and deputy chairman of the Constitutional Court of the Slovak Republic, and the chairman and deputy chairman of the Supreme Control Office of the Slovak Republic.

deciding on the declaration of war if the Slovak Republic is attacked or as a result of commitments arising from international treaties on common defense against aggression,

expressing consent to sending armed forces outside the territory of the Slovak Republic.

Article 87

(1) Draft laws may be introduced by the Committees of the National Council of the Slovak Republic, Members of Parliament and the Government of the Slovak Republic.

(2) If the President of the Slovak Republic returns an act with comments, the National Council of the Slovak Republic shall discuss the act repeatedly and in case it is adopted, the act must be promulgated.

(3) The Act shall be signed by the President of the Slovak Republic, the President of the National Council of the Slovak Republic and the Prime Minister of the Government of the Slovak Republic. If the National Council of the Slovak Republic, after repeated discussion, adopts the act even despite the comments of the President of the Slovak Republic, and the President of the Slovak Republic does not sign the act, the act shall be promulgated even without the signature of the President of the Slovak Republic.

(4) An act shall enter into effect on its promulgation. Details on the promulgation of acts, of international treaties and legally binding acts of an international organization pursuant to Art. 7, para. 2 shall be laid down by a law.

Article 88

(1) The motion to pass a vote of no-confidence in the Government of the Slovak Republic or a member of it will be discussed by the National Council of the Slovak Republic if requested by at least one-fifth of its deputies.

(2) The consent of more than 50 percent of all deputies is required to pass a vote of no-confidence in the Government of the Slovak Republic or a member of it.

Article 89

(1) The chairman of the National Council of the Slovak Republic is elected and recalled by the National Council of the Slovak Republic by secret ballot, by more than 50 percent of the votes of all deputies. The chairman is accountable only to the National Council of the Slovak Republic.

(2) The chairman of the National Council of the Slovak Republic

calls and chairs meetings of the National Council of the Slovak Republic,

signs the Constitution, constitutional laws, and other laws,

takes the oath from deputies of the National Council of the Slovak Republic,

takes the oath from the president of the Slovak Republic,

takes the oath from judges, the chairman of the Supreme Court of the Slovak Republic, and the chairman of the Constitutional Court of the Slovak Republic,

calls elections to the National Council of the Slovak Republic.

(3) The chairman of the National Council of the Slovak Republic remains in office after the electoral period expires, until the National Council of the Slovak Republic elects a new chairman.

Article 90

(1) The deputy chairman of the National Council of the Slovak Republic act as substitutes for the chairman. They are elected and recalled by secret ballot by the National Council of the Slovak Republic, by the votes of more than 50 percent of all deputies. The deputy chairman of the National Council of the Slovak Republic is accountable to the National Council of the Slovak Republic.

(2) The provision of Article 89 section 3 applies also to the deputy chairman of the National Council of the Slovak Republic.

Article 91

The activity of the National Council of the Slovak Republic is steered and organized by the chairman and deputy chairmen.

Article 92

(1) The National Council of the Slovak Republic establishes from the ranks of deputies committees as its bodies having an initiating and control role and it elects their chairmen by secret ballot.

(2) The deliberations of the National Council of the Slovak Republic and its committees are regulated by law.

Part Two: Referendum

Article 93

(1) A referendum will be used to confirm a constitutional law on entering into an alliance with other states or on withdrawing from that alliance.

(2) A referendum can be used to decide also on other important issues of public interest.

(3) Basic rights and liberties, taxes, levies, and the state budget cannot be the subject of a referendum.

Article 94

Every citizen of the Slovak Republic who has the right to vote in elections of the National Council of the Slovak Republic is entitled to participate in the referendum.

Article 95

(1) A referendum shall be declared by the President of the Slovak Republic upon a petition submitted by at least 350,000 citizens, or upon a resolution of the National Council of the Slovak Republic within thirty days after acceptance of the petition of citizens or the resolution of the National Council of the Slovak Republic had been received.

(2) The President of the Slovak Republic may, before declaring a referendum, submit to the Constitutional Court of the Slovak Republic a proposal for a decision on whether the subject of a referendum which shall be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic according to paragraph 1 is in conformity with the Constitution or a constitutional law. If the President of the Slovak Republic submits to the Constitutional Court of the Slovak Republic a proposal for a decision on whether a subject of referendum which shall be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic is in conformity with the Constitution or a constitutional law, from the submission date of the proposal of the President of the Slovak Republic to the date of effectuality of the decision by the Constitutional Court of the Slovak Republic, the term according to paragraph 1 shall not lapse.

Article 96

(1) The motion to pass a resolution of the National Council of the Slovak Republic on calling a referendum can be tabled by deputies of the National Council of the Slovak Republic or by the Government of the Slovak Republic.

(2) The referendum will be held within 90 days after it is called by the president of the Slovak Republic.

Article 97

(1) A referendum must not be held within 90 days prior to elections to the National Council of the Slovak Republic.

(2) A referendum may be held on the day of elections to the National Council of the Slovak Republic.

Article 98

(1) The results of the referendum are valid if more than 50 percent of eligible voters participated in it and if the decision was endorsed by more than 50 percent of the participants in the referendum.

(2) The proposals adopted in the referendum will be promulgated by the National Council of the Slovak Republic in the same way as it promulgates laws.

Article 99

(1) The National Council of the Slovak Republic can amend or annual the result of a referendum by means of a constitutional law, but it may not do so earlier than three years after the result of the referendum came into effect.

(2) A referendum on the same issue can be repeated after three years at the earliest.

Article 100

A law will establish the manner in which the referendum will be carried out.

Chapter Six – Executive Power

Part One: The President of the Slovak Republic

Article 101

(1) The Head of the Slovak Republic shall be the President. The President shall represent the Slovak Republic externally and internally, shall ensure the regular operation of Constitutional bodies by his or her decisions. The President shall perform the office according to his or her conscience and convictions, and shall not be bound by orders.

(2) Citizens of the Slovak Republic shall elect the President by secret ballot for a five-year term in direct elections. Citizens who have the right to vote for the National Council of the Slovak Republic shall have the right to vote for a President.

(3) Candidates for President shall be proposed by at least 15 Members of Parliament or by citizens who have the right to vote for the National Council of the Slovak Republic on the basis of a petition signed by at least 15,000 citizens. Proposals for elections shall be delivered to the President of the National Council of the Slovak Republic at the latest within 21 days of the announcement of elections.

(4) A candidate shall be elected a President, if he or she receives an absolute majority of valid votes of legitimate voters. If none of the candidates receives the necessary majority of votes, a second round shall be held within 14 days of the voting. The two candidates who gained the greatest number of valid votes shall proceed to the second round. In the second round, the candidate who gained the greatest number of valid votes from participating voters shall be elected President.

(5) If one of the two candidates who gained the most of the valid votes in the first round ceases to be eligible for election as President before the second round of voting or resigns his or her right as a candidate, the candidate who received the next greatest number of valid votes shall proceed to the second round of voting. If there are not two candidates for the second round of voting, the second round shall not be held, and the President of the National Council of the Slovak Republic shall announce new elections so that they take place within 60 days of their announcement.

(6) If only one candidate applies for the post of President, the elections shall be held; he or she shall be elected President if he or she gains an absolute majority of the valid votes of participating voters.

(7) The elected candidate shall take up the post of President on taking an oath. The oath shall be taken before the National Council of the Slovak Republic to the President of the Constitutional Court of the Slovak Republic at noon of the day on which the term of office of the previous President is to terminate.

(8) If the term in office of the President ends prematurely, the elected candidate shall take the oath and take up the post of President at noon of the day following the day when the results of the election are announced.

(9) The Constitutional Court of the Slovak Republic shall decide whether Presidential elections have been held in conformity with the Constitution and the law.

(10) A law shall lay down further details on presidential elections.

Article 102

(1) The President

represents the Slovak Republic outwardly and concludes and ratifies international treaties. He may delegate to the Government of the Slovak Republic or, with the Government’s consent, to individual members of the Slovak Republic, the conclusion of international treaties that do not require approval by the National Council of the Slovak Republic,

may submit to the Constitutional Court of the Slovak Republic a proposal for a decision on the conformity of a negotiated international treaty, for which the consent of the National Council of the Slovak Republic is necessary, with the Constitution or with a constitutional law,

receives and accredits ambassadors,

calls the constituent meeting of the National Council of the Slovak Republic,

may dissolve the National Council of the Slovak Republic if the National Council of the Slovak Republic, within a period of six months from the nomination of a Government of the Slovak Republic, has not passed its Programme Proclamation, if the National Council of the Slovak Republic has not passed within three months of the formation of a Government a draft law with which the Government has combined a vote of confidence, if the National Council of the Slovak Republic has not managed to hold a session for longer than three months although its sitting has not been adjourned and it has during this time been repeatedly called for a meeting, or if a session of the National Council of the Slovak Republic has been adjourned for a
longer time than is allowed by the Constitution. This right may not be applied during the last six months of his or her term of office. The President shall dissolve the National Council of the Slovak Republic in the case that after a plebiscite on the recall of the President, the President has not been recalled, during war, a war state or exceptional state,

signs laws,

appoints and recalls the Prime Minister and other members of the Government of the Slovak Republic, entrusts them with the management of ministries, and accepts their resignation. Recalls the prime minister and other members of the Government in the cases listed in Articles 115 and 116,

appoints and recalls the heads of central bodies and higher-level state officials in cases specified by law, appoints university professors and rectors, appoints and promotes generals,

awards distinctions, unless he empowers another body to perform this task,

grants amnesty and pardon, lowers punishments meted out by criminal courts, issues orders not to initiate or not to continue criminal proceedings, and nullifies punishments,

acts as Commander in Chief of the armed forces,

declares war on the basis of a decision of the National Council of the Slovak Republic if the Slovak Republic is attacked or if it follows from obligations from international treaties and collective defence against attack, and conclude peace, may, upon a proposition of the Government of the Slovak Republic, order a mobilization of the military forces, declare a state of war or declare an exceptional state and their termination,

calls referendums,

can return to the National Council of the Slovak Republic constitutional and other laws with comments. He can do so within 15 days after their approval,

presents to the National Council of the Slovak Republic reports on the state of the Slovak Republic and on important political issues, submits to it draft laws and proposals for other measures.

shall have the right to request of the Government of the Slovak Republic and of its members information necessary for the accomplishment of his tasks, and

shall appoint and recall judges of the Constitutional Court of the Slovak Republic, the President and Vice-President of the Constitutional Court of the Slovak Republic; shall accept the oath of judges of the Constitutional Court of the Slovak Republic and the oath of the General Prosecutor,

shall appoint and recall judges, the Chief Justice and the Deputy Chief Justice of the Slovak Republic, General Prosecutor and three members of the Judicial Council of the Slovak Republic; shall accept the oath of judges.

(2) A decision of the President issued pursuant to Art. 102, para. 1 letter c) and letter j) if it concerns the granting of amnesty, and to letter k), is valid if signed by the Prime Minister of the Government of the Slovak Republic or a Minister authorized by him; in these cases, the Government of the Slovak Republic is responsible for the decision of the President.

(3) Conditions for declaring war, declaring a state of war, declaring an exceptional state, declaring an emergency state and the manner of exercising public authority during war, a state of war, an exceptional state, shall be laid down by a constitutional law.

(4) Details of exercising the constitutional powers of the President according to paragraph 1 may be laid down by a law.

Article 103

(1) A citizen of the Slovak Republic eligible to vote, who has attained thirty-five years of age, may be elected President of the Slovak Republic.

(2) The same person may be elected President for not more than two consecutive terms.

(3) The President of the National Council of the Slovak Republic shall announce presidential election in such a way, that the first round of the election shall take place at the latest within 60 days before the end of the function of the incumbent President. If the office of President becomes vacant before the end of the term of office, the President of the National Council of the Slovak Republic shall announce the election of a President within seven days so that the first round of the election for President shall take place at the latest within 60 days of the day of the announcement of the election of a President.

(4) If the President elect is a Member of Parliament , a member of the Government of the Slovak Republic, a judge, a public prosecutor, a member of the armed forces or the armed corps, or a member of the Supreme Audit Office of the Slovak Republic, he or she must resign from his previous office on the day of the election.

(5) The President shall hold no other paid position in any profession, business or shall not be a member of executive board of a legal entity conducting entrepreneurial activity.

(6) The President may resign from his post at any time; his term of office shall terminate on the day of delivery of a written announcement of this decision to the President of the Constitutional Court of the Slovak Republic.

(7) The President of the Constitutional Court of the Slovak Republic shall announce in writing the resignation from the function of President to the President of the National Council of the Slovak Republic.

Article 104

(1) The president is sworn in by the chairman of the National Council of the Slovak Republic, before the National Council of the Slovak Republic, by taking the following oath: “I promise on my honor and conscience to be faithful to the Slovak Republic. I will attend to the well-being of the Slovak nation and the national minorities and ethnic groups living in the Slovak Republic. I will discharge my duties in the interest of citizens and will uphold and defend the Constitution and other laws.”

(2) Refusing to take this oath, or taking it with reservations, results in the invalidity of the election of the president.

Article 105

(1) If no president is elected, or if the office of the president becomes vacant before a new president is elected or before the newly elected president has been sworn in, or if the president is unable to perform his function for serious reasons, the execution of the post of the president falls upon the Government of the Slovak Republic, with the exception of presidential powers listed in Article 102, letters d) through g). In that case the Government can entrust the prime minister with executing some presidential powers. The supreme command of the armed forces is also transferred to the prime minister in this period.

(2) If the president is unable to perform his function for more than one year, the National Council of the Slovak Republic will recall him from office and will elect a new president for a regular term of office.

Article 106

(1) The President may be recalled from his post before the end of his term of office by a plebiscite. A plebiscite on the recall of a President shall be declared by the President of the National Council of the Slovak Republic on the basis of a resolution of the National Council of the Slovak Republic adopted by at least a three-fifths majority of all Members of Parliament within 30 days of the adoption of a resolution so that the plebiscite shall be held within 60 days of its declaration.

(2) The President shall be recalled if an absolute majority of all legitimate voters votes for his or her recall in a plebiscite.

(3) If the President was not recalled in a plebiscite, the President shall dissolve the National Council of the Slovak Republic within 30 days of the announcement of the results of the plebiscite. In such a case, a new presidential electoral term shall begin. The President of the National Council of the Slovak Republic shall announce elections to the National Council of the Slovak Republic within seven days of its dissolution.

(4) Further details on the recall of President shall be laid down by a law.

Article 107

The President may be prosecuted only for a wilful infringement of the Constitution or for treason. The National Council of the Slovak Republic shall decide on the bringing of a prosecution on a President by a three-fifth majority of all Members of Parliament. The National Council of the Slovak Republic shall file the prosecution to the Constitutional Court of the Slovak Republic, which shall decide on it in plenary session. A condemning decision of the Constitutional Court of the Slovak Republic shall mean the loss of the presidential post and of the eligibility to regain this post.

Part Two: The Government of the Slovak Republic

Article 108

The Government of the Slovak Republic is the supreme body of executive power.

Article 109

(1) The Government shall consist of the Prime Minister, Deputy Prime Ministers and Ministers.

(2) The discharge of the post of a member of the Government shall be incompatible with discharge of a Member’s of Parliament mandate, with discharge of a post in another public authority, with public service relationship, with employment or with a similar labour relation, with an entrepreneurial activity, with membership in governing or control body of a legal person, which pursues an entrepreneurial activity or with another economic or gainful activities apart from the administration of his or her own property and scientific, pedagogical, literary or artistic activity.

Article 110

(1) The prime minister is appointed and recalled by the president of the Slovak Republic.

(2) Any citizen of the Slovak Republic who can be elected to the National Council of the Slovak Republic can be appointed prime minister.

Article 111

At the recommendation of the prime minister, the president of the Slovak Republic appoints and recalls other members of the Government and entrusts them with the management of ministries. The president can appoint as deputy prime minister and minister any citizen who can be elected to the National Council of the Slovak Republic.

Article 112

Members of the Government are sworn in by the president of the Slovak Republic and take the following oath:

I swear by my honor and conscience to be faithful to the Slovak Republic. I will discharge my duties in the interest of the citizens. I will uphold the Constitution and other laws and work toward their translation into life.

Article 113

Within 30 days after its appointment, the Government is obliged to appear before the National Council of the Slovak Republic, to present to it its program, and to request the expression of its confidence.

Article 114

(1) The Government is accountable for the execution of its duties to the National Council of the Slovak Republic, which can pass a vote of no-confidence in it at any time.

(2) The Government can at any time request the National Council of the Slovak Republic to pass a vote of confidence in it.

(3) The Government can link the vote on the adoption of a law or on another issue with a vote of confidence in the Government.

Article 115

(1) The president of the Slovak Republic will recall the Government if the National Council of the Slovak Republic passes a vote of no-confidence in it or if it turns down the Government’s request to pass a vote of confidence in it.

(2) If the president of the Slovak Republic accepts the Government’s resignation, he will entrust it with the execution of its duties until a new Government is appointed.

Article 116

(1) A Government member is accountable for the execution of his duties to the National Council of the Slovak Republic.

(2) A Government member may submit his resignation to the president of the Slovak Republic.

(3) The National Council of the Slovak Republic may pass a vote of no-confidence also in an individual Government member. In this case, the president of the Slovak Republic will recall the Government member in question.

(4) The proposal to recall a Government member may be submitted to the president of the Slovak Republic also by the prime minister.

(5) If the prime minister submits his resignation, the entire Government will submit its resignation.

(6) If the National Council of the Slovak Republic passes a vote of no-confidence in the prime minister, the president of the Slovak Republic will recall him. The recalling of the prime minister results in the stepping down of the Government.

(7) If the president of the Slovak Republic accepts the resignation of, or recalls, a member of the Government, he will determine which Government member will temporarily be charged with the management of the department previously administered by the Government member whose resignation he accepted.

Article 117

The Government will always submit its resignation after the constituent meeting of a newly elected National Council of the Slovak Republic; however, the Government executes its duties until a new Government is formed.

Article 118

(1) The Government has a quorum if more than one-half of its members are present.

(2) The majority of votes of all Government members is needed to pass a Government resolution.

Article 119

The Government as a body decides on

draft laws,

government regulations,

the Government Programme and its implementation,

principal measures to be taken to guarantee the economic and social programmes of the Slovak Republic,

draft state budget and final state budgetary account,

international treaties entered into by the Slovak Republic whose negotiation the President of the Slovak Republic has delegated to the Government,

the consent with delegation of negotiation of international treaties according to Art. 102, para. 1, letter a) to its individual members,

submitting to the Constitutional Court of the Slovak Republic a proposal to decide on the conformity with the Constitution and constitutional law of a negotiated international treaty for which the approval of the National Council of the Slovak Republic is necessary,

fundamental issues of internal and foreign policy,

submitting a a draft law or a draft of other binding measure for public discussion,

submitting request for a vote of confidence,

granting amnesty in cases of offences,

the appointment and recall of other state officials in cases laid down by a law and three members of the Judicial Council of the Slovak Republic,

a proposal for declaring a state of war, on proposal for ordering a mobilization of the military forces, on proposal for declaring an exceptional state and on a proposal for their termination, on declaring and on termination of a state of emergency,

despatching the military forces outside of the territory of the Slovak Republic for the purpose of humanitarian aid, military exercises or peace observing missions, on the consent with the presence of foreign military forces on the territory of the Slovak Republic for the purpose of humanitarian aid, military exercises or peace observer missions, on consent with the passing of the territory of the Slovak Republic by foreign military forces,

despatching the military forces outside of the territory of the Slovak Republic if it regards performance of obligations resulting from international treaties on joint defence against attack for a maximum period of 60 days; the Government shall announce this decision without undue delay to the National Council of the Slovak Republic,

other issues if the law provides so.

Article 120

(1) The Government shall have the power to issue regulations to implement laws within limits laid down by the law.

(2) If laid down by a law, the Government shall also be authorized to issue regulations on the implementation of the Europe Agreement Establishing an Association between the European Communities and their Member States on the one part, and the Slovak Republic on the other part, and on execution of international treaties according to Art. 7, para. 2.

(3) The Prime Minister shall sign government regulations.

(4) A government regulation shall be promulgated in the manner laid down by a law.

Article 121

The Government has the right to award amnesty for misdemeanors. Details will be set out in a law.

Article 122

Central bodies of state administration and local bodies of state administration are established by means of a law.

Article 123

Ministries and other bodies of state administration may, on the basis of laws and within their limits, issue generally binding legal regulations if empowered to do so by the law. These generally binding legal regulations are promulgated in a manner that will be specified by law.

Chapter Seven – Judicial Power

Part One: The Constitutional Court of the Slovak Republic

Article 124

The Constitutional Court of the Slovak Republic is an independent judicial body charged with protecting constitutionality.

Article 125

(1) The Constitutional Court shall decide on the compatibiliy of

laws with the Constitution, constitutional laws and international treaties to which the National Council of the Slovak Republic has expressed its assent and which were ratified and promulgated in the manner laid down by a law,

government regulations, generally binding legal regulations of Ministries and other central state administration bodies with the Constitution, with constitutional laws, with international treaties to which the National Council of the Slovak Republic has expressed its assent and which were ratified and promulgated in the manner laid down by a law and with laws,

generally binding regulations pursuant to Art. 68, with the Constitution, with constitutional laws and with international treaties to which the National Council of the Slovak Republic has expressed its assent and which were ratified and promulgated in the manner laid down by a law, save another court shall decide on them,

generally binding legal regulations of the local bodies of state administration and generally binding regulations of the bodies of territorial self-administration pursuant to Art. 71 para. 2, with the Constitution, with constitutional laws, with international treaties promulgated in the manner laid down by a law, with laws, with government regulations and with generally binding legal regulations of Ministries and other central state administration bodies, save another court shall decide on them.

(2) If the Constitutional Court accepts the proposal for proceedings pursuant to paragraph 1, it can suspend the effect of challenged legal regulations, their parts, or some of their provisions, if fundamental rights and freedoms may be threatened by their further application, if there is a risk of serious economic damage or other serious irreparable consequence.

(3) If the Constitutional Court holds by its decision that there is inconformity between legal regulations stated in paragraph 1, the respective regulations, their parts or some of their provisions shall lose effect. The bodies that issued these legal regulations shall be obliged to harmonize them with the Constitution, with constitutional laws and with international treaties promulgated in the manner laid down by a law, and if it regards regulations stated in paragraph 1 letters b) and c) also with other laws, if it regards regulations stated in paragraph 1 letter d) also with government regulations and with generally binding legal regulations of Ministries and other central state administration bodies within six month from the promulgation of the decision of the Constitutional Court. If they fail to do so, these regulations, their parts or their provisions shall lose effect after six months from the promulgation of the decision.

(4) The Constitutional Court shall not decide on conformity of a draft law or a proposal of other generally binding legal regulation with the Constitution, with an international treaty that was promulgated in the manner laid down by a law or with the constitutional law.

(5) The validity of a decision on the suspension of effect of the challenged legal regulations, their parts or some of their provisions shall terminate at the promulgation of the decision of the Constitutional Court in the case, if the Constitutional Court has not already cancelled the decision on suspension of the effect of the challenged legal regulation because the reasons for which it was adopted have terminated.

(6) A decision of the Constitutional Court issued pursuant to paragraphs 1, 2 and 5 shall be promulgated in the manner laid down for the promulgation of laws. The valid judgement of the Constitutional Court shall be generally binding.

Article 125a

(1) The Constitutional Court shall decide on the conformity of negotiated international treaties to which the assent of the National Council of the Slovak Republic with the Constitution and constitutional law is necessary.

(2) The President of the Slovak Republic or the Government may submit a proposal for a decision pursuant to paragraph 1 to the Constitutional Court prior to the presentation of a negotiated international treaty for discussion of the National Council of the Slovak Republic.

(3) The Constitutional Court shall decide on a proposal pursuant to paragraph 2 within a period laid down by a law; if the Constitutional Court holds in its decision that the international treaty is not in conformity with the Constitution or constitutional law, such international treaty cannot be ratified.

Article 125b

(1) The Constitutional Court shall decide on whether the subject of a referendum to be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic according to Art. 95, para. 1 is in conformity with the Constitution or constitutional law.

(2) The proposal for a decision according to paragraph 1 may be submitted to the Constitutional Court by the President of the Slovak Republic prior to declaring a referendum, if he or she has doubts on whether the subject of referendum, which is to be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic according to Art. 95 para. 1 is in conformity with the Constitution or a constitutional law.

(3) The Constitutional Court shall decide on a proposal pursuant to paragraph 2 within 60 days from the date of its delivery; if the Constitutional Court holds in its decision that the subject of referendum to be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic according to Art. 95, para. 1 is not in conformity with the Constitution or constitutional law, the referendum cannot be declared.

Article 126

The Constitutional Court decides on jurisdiction disputes among central bodies of state administration, unless the law specifies that these disputes are decided by another state body.

Article 127

(1) The Constitutional Court shall decide on complaints of natural persons or legal persons if they are pleading the infringement of their fundamental rights or freedoms, or human rights and fundamental freedoms resulting from the international treaty which has been ratified by the Slovak Republic and promulgated in the manner laid down by a law, save another court shall decide on protection of these rights and freedoms.

(2) If the Constitutional Court accepts a complaint, it shall hold in its decision that the rights or freedoms according to paragraph 1 were infringed by a valid decision, measure or by other action and it shall cancel such a decision, measure or other action. If the infringement of rights or freedoms according to paragraph 1 emerges from inactivity, the Constitutional Court may order the one who has infringed these rights or freedoms to act in the matter. The Constitutional Court may at the same time remand the matter for further proceedings, prohibit continuing in the infringement of fundamental rights and freedoms or human rights and fundamental freedoms resulting from the international treaty which has been ratified by the Slovak Republic and promulgated in the manner laid down by a law, or if possible, to order the one who has infringed the rights or freedoms according to paragraph 1 to reinstate the status before the infringement.

(3) The Constitutional Court may, by the decision by which it allows a complaint, award the one whose rights according to paragraph were infringed an adequate financial satisfaction.

(4) The responsibility of the one who has infringed the rights or freedoms according to paragraph 1, for thedamage or other injury shall not be affected by the judgement of the Court.

Article 127a

(1) The Constitutional Court shall decide on complaints of the bodies of territorial self-administration against unconstitutional or unlawful decision or against other unconstitutional or unlawful action into the matters of self-administration, save another court shall decide on its protection.

(2) If the Constitutional Court allows a complaint of a body of territorial self-administration, it shall hold in what lies the unconstitutional or unlawful decision or other unconstitutional or unlawful action into the matters of self-administration, which constitutional law or law has been infringed and by which decision or action this infringement took place. The Constitutional Court shall cancel the challenged decision, or if the infringement of the right lay in an action different than in a decision, it shall prohibit continuing of infringement of the right and shall order, if it is possible, to reinstate the status before the infringement.

Article 128

The Constitutional Court shall give an interpretation of the Constitution or constitutional law if the matter is disputable. The judgement of the Constitutional Court on the interpretation of the Constitution or constitutional law shall be promulgated in the manner laid down for the promulgation of laws. The interpretation is generally binding from the date of its promulgation.

Article 129

(1) The Constitutional Court shall decide on a complaint against decision verifying or rejecting verification of the mandate of a Member of Parliament.

(2) The Constitutional Court shall decide whether the election of the President of the Slovak Republic, the elections to the National Council of the Slovak Republic, and the elections to local self-administration bodies have been held in conformity with the Constitution and the law.

(3) The Constitutional Court shall decide on complaints against the result of a referendum and complaint against the result of a plebiscite on the recall of President of the Slovak Republic.

(4) The Constitutional Court shall decide whether a decision dissolving a political party or movement or suspending political activities thereof is in conformity with the constitutional laws and other laws.

(5) The Constitutional Court shall decide on a prosecution by the National Council of the Slovak Republic against the President of the Slovak Republic in matters of wilful infringement of the Constitution or treason.

(6) The Constitutional Court shall decide on whether a decision on declaring an exceptional state or an emergency state and other decisions connected to this decision were issued in conformity with the Constitution and constitutional law.

(7) The decisions of the Constitutional Court according to the preceding paragraphs shall be binding for all bodies of public authority, natural persons or legal persons whom they concern. The respective body of public authority shall be obliged, without undue delay, to ensure their enforcement. Details shall be laid down by a law.

Article 130

(1) The Constitutional Court initiates proceedings on the basis of a proposal by

at least one-fifth of deputies of the National Council of the Slovak Republic,

the president of the Slovak Republic,

the Government of the Slovak Republic,

the court,

the general prosecutor,

in cases listed under Article 127, anyone whose rights are to become the subject of inquiry.

(2) A law will specify who is entitled to submit a proposal to initiate proceedings according to Article 129.

(2) The Constitutional Court shall decide on other matters in panels of three members . A panel shall decide by absolute majority of its members.

Article 132

Repealed since 1st of July 2001.

Article 133

There exists no legal recourse against a ruling of the Constitutional Court.

Article 134

(1) The Constitutional Court consists of 10 judges.

(2) Constitutional Court judges are appointed by the president of the Slovak Republic for a period of seven years out of 20 persons proposed to him by the National Council of the Slovak Republic.

(3) Any citizen of the Slovak Republic who may be elected to the National Council of the Slovak Republic, has reached the age of 40, is a law school graduate, and has been practicing law for at least 15 years may be appointed judge of the Constitutional Court.

(4) A judge of the Constitutional Court is sworn in by the president of the Slovak Republic by taking the following oath:

I swear on my honour and conscience that I will protect the inviolability of natural human rights and rights of a citizen, the principles of rule of law, uphold the Constitution, constitutional laws and international treaties that were ratified by the Slovak Republic and were promulgated in the manner laid down by a law and decide cases to the best of my abilities and conscience independently and impartially.

(5) A judge of the Constitutional Court takes up office upon taking his oath.

Article 135

The Constitutional Court is headed by its chairman, who is substituted for by the deputy chairman. The chairman and deputy chairman are appointed by the president of the Slovak Republic from among judges of the Constitutional Court.

Article 136

(1) Members of the Constitutional Court enjoy immunity in the same way as deputies of the National Council of the Slovak Republic.

(2) The consent to the criminal prosecution of a judge of the Constitutional Court, or to taking him into custody, is given by the Constitutional Court.

(3) The Constitutional Court gives consent to the criminal prosecution or to the taking into custody of the chairman and deputy chairman of the Supreme Court of the Slovak Republic.

(4) If the Constitutional Court refuses its consent, the prosecution or the pre-trial detention shall be precluded for the duration of the function of a Constitutional Court judge, the function of a judge or the function of the General Prosecutor.

Article 137

(1) If an appointed judge of the Constitutional Court is a member of a political party or a political movement, he must surrender his membership prior to taking his oath,

(2) The judges of the Constitutional Court shall hold their offices as a profession. The performance of this profession shall be incompatible with the post in another body of public authority, with public service relationship, with employment, with the similar labour relation, with an entrepreneurial activity, with membership in governing or control body of a legal person, which pursues an entrepreneurial activity or with another economic or gainful activities apart from the administration of his or her own property, and scientific, pedagogical, literary or artistic activity.

(3) The judge’s mandate as a deputy and his membership of the Government of the Slovak Republic expire on the day when he takes up office.

Article 138

(1) A judge of the Constitutional Court may resign from his or her office by written notice addressed to the President of the Constitutional Court. In such case his or her function expires at the elapse of the month in which the written notice of his resignation has been delivered.

(2) The President of the Slovak Republic shall recall a judge of the Constitutional Court

on the basis of a final condemning judgement for a wilful criminal offence or if he or she was lawfully convicted of a criminal offence and the court did not decide in his or her case on probationary suspension of the imprisonment sentence,

on the basis of disciplinary decision made by the Constitutional Court for a conduct which is incompatible with holding the office of a judge of the Constitutional Court,

if the Constitutional Court has announced that the judge does not participate in proceedings of the Constitutional Court for over one year, or

if he or she is not eligible for the National Council of the Slovak Republic.

Article 139

If a judge of the Constitutional Court surrenders the post of judge of the Constitutional Court or if he is recalled from it, the president of the Slovak Republic will appoint, out of two persons proposed by the National Council of the Slovak Republic, another judge of the Constitutional Court for a new term of office.

Article 140

Details on the organization of the Constitutional Court, on the manner of Constitutional Court proceedings, and on the status of its judges will be specified by law.

Part Two: Courts of the Slovak Republic

Article 141

(1) Justice in the Slovak Republic is administered by independent and impartial courts.

(2) Justice at all levels is administered independently of other state bodies.

Article 141a – The Judiciary Council of the Slovak Republic

(1) The Chairman of the Judiciary Council of the Slovak Republic is the Chief Justice of the Slovak Republic. Its other members are:

8 judges, who are elected and recalled by judges of the Slovak Republic,

3 members who are appointed and recalled by the National Council of the Slovak Republic,

3 members who are appointed and recalled by the President of the Slovak Republic,

3 members who are appointed and recalled by the Government of the Slovak Republic

(2) As a member of the Judiciary Council of the Slovak Republic according to paragraph 1, letters b) to d) may be appointed person who is of impeccable character and has university education in law and at least 15 years of professional practice.

(3) The term of office of members of the Judicial Council of the Slovak Republic shall be five years. The same person may be elected or appointed as a member of the Judiciary Council for a maximum of two consecutive terms.

(4) Under the authority of the Judiciary Council falls:

to present to the President of the Slovak Republic proposals for candidates for appointment as judges, and proposals for recall of judges,

to decide on the assignment or transfer of judges,

to present to the President of the Slovak Republic proposals for appointment of the Chief Justice of the Slovak Republic and the Deputy Chief Justice of the Slovak Republic, and proposals for their recall,

to present to the Government of the Slovak Republic proposals of candidates for judges who should act for the Slovak Republic in international judicial bodies,

to elect and recall members of disciplinary senates and elect and recall chairmen of disciplinary senates,

to comment on a proposal for the budget of courts of the Slovak Republic during the preparation of the proposal for the state budget,

other activities if laid down by a law.

(5) The adoption of a resolution of the Judicial Council of the Slovak Republic requires consent of an absolute majority of all its members.

(6) Details on the means of establishing members of the Judicial Council of the Slovak Republic, on its scope of powers, on organisation and on relations to bodies of judicial administration and to bodies of judicial self-administration shall be laid down by a law.

Article 142

(1) Courts decide on civil law and criminal law matters and reexamine the legitimacy of administrative bodies’ decisions.

(2) Court decisions are made by tribunals of judges, unless the law specifies that the matter is to be decided by a single judge. A law will specify in which cases decisions by tribunals of judges are attended by associate judges from the ranks of citizens. A judicial remedy is admissible against a decision made by a court employee authorized by a judge, on which a judge shall always decide.

(3) Verdicts are proclaimed in the name of the Slovak Republic. They are always proclaimed publicly.

Article 143

(1) The system of courts consists of the Supreme Court of the Slovak Republic and other courts.

(2) The detailed arrangement of the court system, the courts’ sphere of competence and organization, and the manner of court proceedings shall be set out in a law.

(3) In an extent laid down by a law, the bodies of judicial self-administration shall participate in the management and administration of Courts.

Article 144

(1) Judges, in the performance of their function, shall be independent and, in decision making shall be bound by the Constitution, by constitutional law, by international treaty pursuant to Art. 7, paras. 2 and 5, and by law.

(2) If a Court assumes that other generally binding legal regulation, its part, or its individual provisions which concern a pending matter contradicts the Constitution, constitutional law, international treaty pursuant to Art. 7, para. 5 or law, it shall suspend the proceedings and shall submit a proposal for the commence of proceedings according to Art. 125, para. 1. Legal opinion of the Constitutional Court of the Slovak Republic contained in the decision shall be binding for the Court.

Article 145

(1) The President of the Slovak Republic shall appoint and recall judges on the basis of a proposal of the Judiciary Council of the Slovak Republic; they are appointed without time restrictions.

(2) A citizen of the Slovak Republic who is eligible for election to the National Council of the Slovak Republic, has attained the age of 30 years and has a university education in law may be appointed a judge. A law shall lay down other conditions for appointment a judge and his or her promotion and also on the scope of immunity of judges.

(3) The President of the Slovak Republic shall appoint the Chief Justice of the Slovak Republic and the Deputy Chief Justice of the Slovak Republic on a proposal of the Judiciary Council of the Slovak Republic from judges of the Supreme Court of the Slovak Republic for five years. The same person may only be appointed a Chief Justice of the Slovak Republic or a Deputy Chief Justice of the Slovak Republic for two consecutive terms. Before the expiry of the term of office, the President of the Slovak Republic may recall the Chief Justice of the Slovak Republic or Deputy Chief Justice of the Slovak Republic for reasons set in Art.147.

(4) A judge takes this oath before the President of the Slovak Republic:

I swear on my honour and conscience that I shall abide by the Constitution, constitutional laws, international treaties, which were ratified by the Slovak Republic and were promulgated in the manner laid down by a law , and by laws; I shall interpret laws and decide according to my profound convictions, independently and impartially.

(5) Upon taking this oath, a judge assumes his or her function.

Article 145a

(1) If an appointed judge is a member of a political party or a political movement, he or she shall be obliged to resign his or her membership in them prior to taking the oath.

(2) A judge shall perform the post as a profession. The discharge of a function of a judge is incompatible with a post in any other public authority body, with a state service relationship, with an employment, or with a similar labour relation, with an entrepreneurial activity, with a membership in the governing or control body of a legal person, which performs an entrepreneurial activity, or with other economic or gainful activity, other than the administration of his or her own property, scientific, pedagogical, literary or artistic activity, and with membership in the Judiciary Council of the Slovak Republic.

Article 146

A judge may resign from his or her post by written notice to the President of the Slovak Republic. His or her function, in such a case, shall expire at the elapse of the calendar month in which the notice of resignation from the function is delivered.

Article 147

(1) The President of the Slovak Republic, on a proposal of the Judicial Council of the Slovak Republic shall recall a judge on the basis of a final condemning judgement for a wilful criminal offence, or if he or she was lawfully convicted of a criminal offence and the court did not decide in his or her case on probationary suspension of serving of the imprisonment sentence, on the basis of a decision by a disciplinary senate for an activity which is incompatible with the discharge of the function of judge, or if his or her eligibility for election to the National Council of the Slovak Republic has terminated.

(2) The President of the Slovak Republic, on a proposal of the Judicial Council of the Slovak Republic may recall a judge

if his long-term health condition does not, for at least one year, allow him to
perform his duties as a judge,

if he has attained the age of 65 years.

Article 148

(1) A judge may be transferred to another court only with his consent or on the basis of a decision of the disciplinary senate.

(2) The reasons for suspension of discharge of a judicial office, and conditions for temporary suspension of the post of a judge or the temporary assignment of a judge shall be laid down by a law.

(3) The manner of establishing the lay judges shall be laid down by a law.

Chapter Eight – The Office of the Public Prosecution of the Slovak Republic and The Public Defender of Rights

Part One: The Office of the Public Prosecution of the Slovak Republic

Article 149

The Public Prosecution of the Slovak Republic protects rights and the legally protected interests of natural and juridical persons and the state.

Article 150

The Prosecutor’s Office is headed by the Attorney General who is appointed and recalled by the president of the Slovak Republic at the recommendation of the National Council of the Slovak Republic.

Article 151

Details on appointing and recalling prosecutors and on their rights and duties, as well as on the organization of the Prosecutor’s Office, shall be set out in a law.

Part Two: The Public Defender of Rights

Article 151a

(1) The Public Defender of Rights is an independent body which in the scope and in manner laid down by a law shall participate in the protection of the fundamental rights and freedoms of natural persons and legal persons in the proceedings, decision making or inactivity of public administration bodies, if their proceedings, decision making or inactivity is inconsistent with legal order or with principles of a democratic state and rule of law.

(2) The Public Defender of Rights shall be elected by the National Council of the Slovak Republic from among candidates proposed by at least 15 Members of Parliament for a term of five years. As Public Defender of Rights may be elected any citizen of the Slovak Republic, who is eligible for election as a Member of Parliament and has attained the age of 35 by the date of election. A Public Defender of Rights cannot be a member of a political party or a political movement.

(3) The function of Public Defender of Rights shall terminate on the day of finality of a judgement, by which the Public Defender of Rights was convicted of a wilful criminal offence or by which he or she was convicted of a criminal offence and in his or her case the court did not decide on a probationary suspension of the imprisonment sentence, or he or she lost eligibility for election.

(4) The National Council of the Slovak Republic may recall Public Defender of Rights if his or her long-term health condition, for at least three months, does not allow him or her to duly perform the duties following from the function.

(5) Details on the election and recall of the public defender of rights, on the scope of powers of the Public Defender of Rights, on the conditions of discharging of the function, on the manner of legal protection and on asserting rights of natural persons and legal persons shall be laid down by a law.

Chapter Nine – Transitory and Final Provisions

Article 152

(1) Constitutional laws, laws, and other generally binding legal regulations remain in force in the Slovak Republic unless they conflict with this Constitution. They can be amended and abolished by the relevant bodies of the Slovak Republic.

(2) Laws and other generally binding legal regulations issued in the CSFR become invalid on the 90th day after the publication of the ruling on their invalidity by the Constitutional Court of the Slovak Republic. This ruling must be published in a manner established for the promulgation of laws.

(3) Decisions on the invalidity of legal regulations are made by the Constitutional Court of the Slovak Republic at the proposal of persons listed in Article 130.

(4) The interpretation and application of constitutional laws, laws, and other generally binding legal regulations must be in harmony with this Constitution.

Article 153

Rights and duties arising from international treaties by which the CSFR is bound are being transferred to the Slovak Republic to an extent established by a CSFR constitutional law or by an agreement between the Slovak Republic and the Czech Republic.

Article 154

(1) The Slovak National Council elected according to Article 103 of Constitutional Law No. 143/1968 on the Czecho-Slovak Federation in the wording of subsequent amendments will, in line with this Constitution, execute its duties as the National Council of the Slovak Republic. The electoral term of the National Council of the Slovak Republic is counted from the day of elections to the Slovak National Council.

(2) The Government of the Slovak Republic appointed according to Article 122, section 1, letter a) of Constitutional Law No. 143/1968 on the Czecho-Slovak Federation in the wording of subsequent amendments is regarded as a government appointed according to this Constitution.

(3) The chairman of the Supreme Court of the Slovak Republic and the prosecutor general of the Slovak Republic, who have been appointed to their posts according to previous legal regulations, retain their posts until an appointment according to this Constitution is made.

(4) Judges of Slovak Republic courts appointed to their posts according to previous legal regulations are regarded as appointed to their posts according to this Constitution, without any time limit.

Article 154a

According to this constitutional act, the President of the National Council of the Slovak Republic shall announce the election of a President of the Slovak Republic within 30 days of the taking effect of a law promulgated pursuant to Art. 101, para.10.

Article 154b

(1) The President of the Slovak Republic shall, on a proposal from the Judiciary Council, appoint a judge elected for four years before time of taking effect of this constitutional act, a judge without time restriction on the expiration of his or her term of office, even if he had, not attained the age of 30 years on the date of his or her appointment.

(2) Judges elected according to present regulations without time restriction shall be considered judges appointed according to this constitutional act.

(3) The provisions of Art. 134, para. 2, first sentence, and para. 3, second sentence shall not apply to Constitutional Court judges appointed before taking effect of this constitutional act.

Article 154c

(1) International treaties on human rights and fundamental freedoms which the Slovak Republic has ratified and were promulgated in the manner laid down by a law before taking effect of this constitutional act, shall be a part of its legal order and shall have precedence over laws if they provide a greater scope of constitutional rights and freedoms.

(2) Other international treaties which the Slovak Republic has ratified and were promulgated in the manner laid down by a law before taking effect of this constitutional act, shall be a part of its legal order, if so provided by a law.

Article 155

The following are being abolished

(1) Constitutional Law of the Slovak National Council No. 50/1990 Coll. on the name, state emblem, national flag, state seal, and national anthem of the Slovak Republic.

(2) Constitutional Law of the Slovak National Council No. 79/1990 Coll. on the number of Slovak National Council deputies; on the text of the oath of Slovak National Council deputies, members of the Slovak Republic Government, and national committee deputies; and on the Slovak National Council electoral period.

(3) Constitutional Law of the Slovak National Council No. 7/1992 Coll. on the Constitutional Court of the Slovak Republic.

Article 156

The Constitution of the Slovak Republic No. 466/1992 Coll. has entered into force on the 1st of October 1992 except Art.3 para.2, Art. 23 para. 4 in the cases of expelling or extraditing an alien, Art. 53, 84 para. 3 in the case of war against another state, Art. 86 letter k) and l), Art. 102 letter g) in the case of academic appointments of university professors, rectors of universities, appointment and promotion of military generals, letters j) and k), Art. 152 para. 1 second sentence, in the case of constitutional laws, laws and other generally binding legal regulations issued by the competent authorities in the Czech and Slovak Federal Republic which shall enter into force concurrently with the appropriate constitutional changes in the Czech and Slovak Republic in accordance with this Constitution.

Constitutional act No. 244/1998 Coll. has entered into force on the 5th of August 1998.

Constitutional act No. 9/1999 Coll. has entered into force on the 27th of January 1999.

Constitutional act No. 90/2001 Coll. shall enter into force on the 1st of July 2001 except Art.125a, Art. 127, Art.127a, Art. 134 paras. 1 and 3 and Art. 151a, which shall enter into force on the 1st of January 2002.

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